We feel it in our bones. Free speech is a cornerstone of our democracy, and the First Amendment guides many of our core beliefs. It shapes how we think as Americans and how we view ourselves compared to the rest of the world. But guess what? The First Amendment and social media don’t mix.

Yes, you can say practically anything online, often without legal consequence, but the First Amendment won’t protect you from losing your job, your livelihood or your reputation – and sometimes you lose all three.

Earlier this week, Hayley Geftman-Gold, a vice president and attorney for CBS, wrote on her Facebook page that she was not sympathetic to victims of the Las Vegas shooting because, she claimed, most country music fans are Republican. She was quickly fired.

Geftman-Gold wrote: “If they wouldn’t do anything when children were murdered I have no hope that Repugs will ever do the right thing. I’m actually not even sympathetic bc country music fans often are Republican gun toters.”

Nothing illegal about her comments. Her argument is insensitive and idiotic but well within her right to free expression as an American. Yet even a law license and a thorough understanding of the First Amendment didn’t help her keep her job.

Last year, United Airlines Pilot Michael Folk was suspended after tweeting that Hillary Clinton should be hanged for treason. Folk, who also serves in the West Virginia House of Delegates, let his political leanings, and some despicable word choices, directly impact his income. Again, he has every right to say it, but his employer didn’t, and shouldn’t, allow it.

Also last year, a Miami man went on an epic rant about the election in a local coffee shop. His disparaging words were captured on video and posted online, turning him into a viral sensation. The self-employed man lost clients almost immediately and is still rebuilding his tattered reputation. Did he say stuff that was offensive? Yes. Illegal or slanderous or defamatory? No. Yet severe punishment was meted out by the marketplace.Read More

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